45864 Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Rules and Regulations 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Lieutenant 

Commander Steven Fischer, Bridge 

Specialist, Coast Guard Thirteenth 

District; telephone (206)220–7282, email 

Steven.M.Fischer2@uscg.mil. If you 

have questions on viewing the docket, 

call Barbara Hairston, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Multnomah County has requested a 

temporary deviation from the operating 

schedule for the Broadway Bridge, mile 

11.7, the Burnside Bridge, mile 12.4, the 

Morrison Bridge, mile 12.8, and the 

Hawthorne Bridge, mile 13.1, all 

crossing the Willamette River at 

Portland, OR. The requested deviation is 

to accommodate the annual Providence 

Bridge Pedal event. To facilitate this 

event, the draws of the bridges will be 

maintained in the closed-to-navigation 

positions as follows: the Broadway 

Bridge, mile 11.7; the Burnside Bridge, 

mile 12.4; Morrison Bridge, mile 12.8; 

and the Hawthorne Bridge, mile 13.1, 

need not open for vessel traffic from 5 

a.m. August 11, 2013 until 12:30 p.m. 

August 11, 2013. Vessels which do not 

require bridge openings may continue to 

transit beneath these bridges during the 

closure period. The Broadway Bridge, 

mile 11.7, provides a vertical clearance 

of 90 feet in the closed position, the 

Burnside Bridge, mile 12.4, provides a 

vertical clearance of 64 feet in the 

closed position, the Morrison Bridge, 

mile 12.8, provides a vertical clearance 

of 69 feet in the closed position, and the 

Hawthorne Bridge, mile 13.1, provides a 

vertical clearance of 49 feet in the 

closed position; all clearances are 

referenced to the vertical clearance 

above Columbia River Datum 0.0. The 

current operating schedule for all four 

bridges is set out in 33 CFR 117.897. 

The normal operating schedule for all 

four bridges state that they need not 

open from 7 a.m. to 9 a.m. and from 4 

p.m. to 6 p.m. Monday through Friday. 

This deviation period is from 5 a.m. on 

August 11, 2013 through 12:30 p.m. 

August 11, 2013. The deviation allows 

the Broadway Bridge, mile 11.7, the 

Burnside Bridge, mile 12.4, the 

Morrison Bridge, mile 12.8, and the 

Hawthorne Bridge, mile 13.1, across the 

Willamette River, to remain in the 

closed position and need not open for 

maritime traffic from 5 a.m. through 

12:30 p.m. on August 11, 2013. The four 

bridges shall operate in accordance to 

33 CFR § 117.897 at all other times. 

Waterway usage on this stretch of the 

Willamette River includes vessels 

ranging from commercial tug and barge 

to small pleasure craft. Mariners will be 

notified and kept informed of the 

bridges’ operational status via the Coast 

Guard Notice to Mariners publication 

and Broadcast Notice to Mariners as 

appropriate. The bridges will be 

required to open, if needed, for vessels 

engaged in emergency response 

operations during this closure period. 

In accordance with 33 CFR 117.35(e), 

the drawbridges must return to their 

regular operating schedules 

immediately at the end of the 

designated time period. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: July 24, 2013. 

Daryl R. Peloquin, 

Acting Bridge Administrator. 

[FR Doc. 2013–18229 Filed 7–29–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0724, FRL–9839–2] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 1997 and 2006 

PM2.5 National Ambient Air Quality 

Standards; Montana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving the State 

Implementation Plan (SIP) submission 

from the State of Montana to 

demonstrate that the SIP meets the 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for fine particulate matter 

(PM2.5) on July 18, 1997 and on October 

17, 2006. The CAA requires that each 

state, after a new or revised NAAQS is 

promulgated, review their SIPs to 

ensure that they meet infrastructure 

requirements. The State of Montana 

submitted a certification of their 

infrastructure SIP for the 1997 and 2006 

PM2.5 NAAQS on February 10, 2010. 

EPA is acting separately on the portions 

of the February 10, 2010 submission 

relating to interstate transport of air 

pollution. 

DATES: This final rule is effective August 

29, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0724. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The initials CBI mean or refer to 

confidential business information. 

(iii) The words or initials Department or 

DEQ mean or refer to the Department of 

Environmental Quality. 

(iv) The words EPA, we, us or our mean or 

refer to the United States Environmental 

Protection Agency. 

(v) The initials NAAQS mean or refer to 

national ambient air quality standards. 

(vi) The initials NSR mean or refer to new 

source review. 

(vii) The initials PM mean or refer to 

particulate matter. 

(viii) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 2.5 micrometers (fine 

particulate matter). 

(ix) The initials ppm mean or refer to parts 

per million. 

(x) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(xi) The initials SIP mean or refer to State 

Implementation Plan. 

Table of Contents 

I. Background 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Rules and Regulations 45865 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Infrastructure requirements for SIPs 

are provided in sections 110(a)(1) and 

(2) of the CAA. Section 110(a)(2) lists 

the specific infrastructure elements that 

a SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

proposal of May 13, 2013 (78 FR 27891). 

On May 13, 2013 (78 FR 27891), EPA 

published a notice of proposed 

rulemaking (NPR) to act on a February 

10, 2010 infrastructure SIP submission 

from the State of Montana for the 1997 

and 2006 PM2.5 NAAQS. The NPR 

proposed approval of the submission for 

the following infrastructure elements for 

the 1997 and 2006 PM2.5 NAAQS: CAA 

Section 110(a)(2)(A), (B), (C) with 

respect to the requirement to have a 

minor NSR program that addresses 

PM2.5; (E)(i), (E)(iii), (F), (G), (H), (J) with 

respect to the requirements of CAA 

sections 121 and 127, (K), (L), and (M). 

The NPR proposed to disapprove the 

submissions for the following 

infrastructure elements for the 1997 and 

2006 PM2.5 NAAQS: CAA Section 

110(a)(2)(E)(ii) concerning requirements 

for state boards under CAA section 128; 

and elements (C) and (J) with respect to 

the requirement to have a PSD program 

that meets the requirements of part C of 

Title I of the Act. Finally, the NPR 

proposed to take no action on the 

portion of the submission addressing 

infrastructure element 110(a)(2)(D) for 

the 1997 and 2006 PM2.5 NAAQS, as 

that portion will be acted on separately. 

We proposed to disapprove Montana’s 

February 10, 2010 submission with 

respect to the requirements of three 

individual infrastructure elements. The 

first of these is element 110(a)(2)(E)(ii), 

relevant to CAA section 128 and state 

boards. The reasons for this disapproval 

are detailed within our proposal. In 

summary, the Montana SIP fails to 

include provisions which meet the 

explicit legal requirements of this 

requirement of the CAA. The second 

and third elements we proposed to 

disapprove are provisions required by 

elements 110(a)(2)(C) and (J), regarding 

requirements for PSD programs to treat 

nitrogen oxides as a precursor for ozone 

as detailed by the ozone phase 2 

implementation rule (70 FR 71612). The 

analysis supporting this action is 

detailed in our proposal dated May 13, 

2013 (78 FR 27891). 

Under a Consent Decree that has been 

entered with a district court, we are 

required to take final action on this 

infrastructure SIP no later than July 15, 

2013. We note that on June 18, 2013 

EPA received revisions to the Montana 

SIP entitled, ‘‘1997 Ozone NAAQS 

Implementation Rule Updates to 

Montana State Implementation Plan,’’ 

which are intended to address the 

requirements of elements (C) and (J). 

That submission will be addressed in a 

timely manner in a future action. 

However, the impending consent decree 

deadline precludes the Agency from 

postponing this final action. 

II. Response to Comments 

No comments were received on the 5/ 

13/2013 proposal. 

III. Final Action 

EPA is approving Montana’s February 

10, 2010 infrastructure SIP submission 

for the following infrastructure elements 

for the 1997 and 2006 PM2.5 NAAQS: 

CAA Section 110(a)(2)(A), (B), (C) with 

respect to the requirement to have a 

minor NSR program that addresses 

PM2.5; (E)(i), (E)(iii), (F), (G), (H), (J) with 

respect to the requirements of sections 

121 and 127, (K), (L), and (M). EPA is 

disapproving Montana’s February 10, 

2010 infrastructure SIP submission for 

the following infrastructure elements for 

the 1997 and 2006 PM2.5 NAAQS: CAA 

Section 110(a)(2)(E)(ii) concerning 

requirements for state boards under 

CAA section 128; and elements (C) and 

(J) with respect to the requirement to 

have a PSD program that meets the 

requirements of part C of Title I of the 

Act. Finally, EPA is taking no action on 

Montana’s submission for infrastructure 

element 110(a)(2)(D) for the 1997 and 

2006 PM2.5 NAAQS as that portion of 

the submission will be acted on 

separately. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law that meets Federal 

requirements and disapproves state law 

that does not meet Federal 

requirements. This action does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 


emcdonald on DSK67QTVN1PROD with RULES
45866 Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Rules and Regulations 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 30, 

2013. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 12, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—[APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart BB—Montana 

■ 2. Section 52.1394 is amended by 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 52.1394 Section 110(a)(2) Infrastructure 

requirements. 

* * * * * 

(b) On February 10, 2010, Brian 

Schweitzer, Governor, State of Montana, 

submitted a certification letter which 

provides the State of Montana’s SIP 

provisions which meet the requirements 

of CAA section 110(a)(1) and (2), 

elements (A), (B), (C) with respect to the 

requirement to have a minor NSR 

program that addresses PM2.5; (E)(i), 

(E)(iii), (F), (G), (H), (J) with respect to 

the requirements of sections 121 and 

127, (K), (L), and (M). 

[FR Doc. 2013–18192 Filed 7–29–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0726, FRL–9839–9] 

Approval and Promulgation of State 

Implementation Plan Revisions; 

Infrastructure Requirements for the 

1997 and 2006 PM2.5 National Ambient 

Air Quality Standards; Prevention of 

Significant Deterioration Requirements 

for PM2.5 Increments and Major and 

Minor Source Baseline Dates; State 

Board Requirements; North Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) submission 

from the State of North Dakota to 

demonstrate that the SIP meets the 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for fine particulate matter 

(PM2.5) on July 18, 1997 and on October 

17, 2006. The CAA requires that each 

state, after a new or revised NAAQS is 

promulgated, review their SIPs to 

ensure that they meet infrastructure 

requirements. The State of North Dakota 

submitted certifications of their 

infrastructure SIP on August 12, 2010 

and May 22, 2012 for the 2006 PM2.5

NAAQS. In addition, the State of North 

Dakota submitted a certification of their 

infrastructure SIP on May 25, 2012 for 

the 1997 PM2.5 NAAQS. EPA is also 

approving SIP revisions that the State of 

North Dakota submitted that update the 

Prevention of Significant Deterioration 

(PSD) program and the SIP provisions 

regarding state boards. 

DATES: Effective Date: This final rule is 

effective August 29, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No.EPA–R08–OAR–2011–0726. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we are 

giving meaning to certain words or initials as 

follows: 

(i) The words or initials Act or CAA mean or 

refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The initials CBI mean or refer to 

confidential business information. 

(iii) The word Department means or refers to 

the North Dakota Department of Health. 

(iv) The words EPA, we, us or our mean or 

refer to the United States Environmental 

Protection Agency. 

(v) The initials NAAQS mean or refer to 

national ambient air quality standards. 

(vi) The initials NSR mean or refer to new 

source review. 

(vii) The initials PM mean or refer to 

particulate matter. 

(viii) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than 2.5 micrometers 

(fine particulate matter). 

(ix) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(x) The initials SIP mean or refer to State 

Implementation Plan. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews. 

I. Background 

Infrastructure requirements for SIPs 

are provided in sections 110(a)(1) and 

(2) of the CAA. Section 110(a)(2) lists 

the specific infrastructure elements that 

a SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR), 

published on May 13, 2013 (78 FR 

27898). 

In the NPR, EPA proposed to approve 

North Dakota’s submissions for the 

following infrastructure elements for the 

1997 and 2006 PM2.5 NAAQS: CAA 

section 110(a)(2)(A), (B), (C) with 

respect to minor NSR and PSD 

requirements, (D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M). We proposed to 


emcdonald on DSK67QTVN1PROD with RULES